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People v. Rye

Court of Appeals of California, Fifth District.
Nov 7, 2003
F042200 (Cal. Ct. App. Nov. 7, 2003)

Opinion

F042200.

11-7-2003

THE PEOPLE, Plaintiff and Respondent, v. JAMES ADAM RYE, Defendant and Appellant.

Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and Carlos A. Martinez, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

THE COURT

Appellant, James Adam Rye, pled guilty to gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5), driving under the influence of alcohol and causing injury (Veh. Code, § 23153, subd. (a)), and driving with a blood alcohol content of .08 percent or greater and causing injury (Veh. Code, § 23153, subd. (b)). On December 18, 2002, the court sentenced appellant to the aggravated term of 10 years.

Ryes appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Rye has not responded to this courts invitation to submit additional briefing.

Our review of the record discloses that the court cited the wrong code section when it imposed a $390 fine. Vehicle Code section 23554, in pertinent part, requires the court to impose a mandatory fine ranging from $390 to $1,000 on anyone convicted of violating Vehicle Code section 23553. The court imposed a $390 fine but cited Vehicle Code section 23556 as the basis for imposing this fine. However, this section provides for a mandatory fine ranging from $390 to $1,000 for a person convicted of violating Vehicle Code section 23553, if the court grants a defendant probation. Additionally, since Ryes abstract of judgment erroneously indicates that the $390 fine was imposed pursuant to Vehicle Code section 23556, we will direct the court to correct this error in his abstract of judgment.

Further, following independent review of the record we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The judgment is modified to indicate that the $390 fine imposed by the court was imposed pursuant to Vehicle Code section 23554. The trial court is directed to correct its paperwork accordingly. It is further directed to prepare an amended abstract of judgment which reflects that the court imposed the $390 fine pursuant to this section and to forward a certified copy to the Department of Corrections.

As modified, the judgment is affirmed. --------------- Notes: Before Wiseman, A.P.J., Cornell, J., Gomes, J.


Summaries of

People v. Rye

Court of Appeals of California, Fifth District.
Nov 7, 2003
F042200 (Cal. Ct. App. Nov. 7, 2003)
Case details for

People v. Rye

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JAMES ADAM RYE, Defendant and…

Court:Court of Appeals of California, Fifth District.

Date published: Nov 7, 2003

Citations

F042200 (Cal. Ct. App. Nov. 7, 2003)